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119th Congress

Title 10 — Armed Forces

Part IV · Chapter 863 — Naval Vessels

§ 8669c. Assessments required prior to start of construction on first ship of a shipbuilding program

Statutory text

(a)

In General.—

The Secretary of the Navy may not approve the start of construction of the first ship for any major shipbuilding program until a period of 15 days has elapsed following the date on which the Secretary—

(1)

submits a report to the congressional defense committees on the results of any production readiness review;

(2)

certifies to the congressional defense committees that the findings of any such review support the start of construction; and

(3)

certifies to the congressional defense committees that at least 95 percent of all the basic and functional design drawing packages for the ship have reached final approval.

(b)

Report.—

The report required by subsection (a)(1) shall include each of the following:

(1)

An identification of the degree to which detail design and production design drawings and related documents have been completed in accordance with the shipbuilding contract.

(2)

An assessment of the readiness of the shipyard facilities and workforce to begin construction.

(3)

The Navy’s estimated delivery date and a description of any risks that could affect such delivery date.

(4)

An assessment of the extent to which adequate processes and metrics are in place to measure and manage program risks.

(5)

With respect to the first ship, a description of the plans of the Navy to oversee and document the construction of the ship to ensure that the detail design supports the construction schedule for the ship.

(6)

A definition of the term “start of construction” that—

(A)

is applicable to the first ship; and

(B)

does not mean a point in time—

(i)

after the completion of 5 percent of lightship displacement; or

(ii)

after the advance procurement or advance construction of the ship.

(7)

An identification of any fabrication of the hull and superstructure of the ship that will occur before the date on which the Secretary submits the certifications required under paragraphs (2) and (3) of subsection (a).

(8)

An identification of the extent of to which vendor- and government-furnished information supports the overall maturity and stability of the ship’s design, including information regarding—

(A)

whether vendor selection is complete for major distributive systems and key equipment supporting operational requirements;

(B)

whether specifications are finalized for major distributive systems and key equipment; and

(C)

the status of factory acceptance testing, as applicable, to validate finalized specifications for major distributive systems and key equipment through manufacturing.

(c)

Definitions.—

For the purposes of subsection (a):

(1)

Basic and functional design.—

The term “basic and functional design”, when used with respect to a vessel, means design through computer aided models, and when used with respect to manned surface and undersea combatants, means design through the completion of three-dimensional computer aided modeling, that—

(A)

supports the major hull structure of the vessel;

(B)

sets the hydrodynamics of the vessel; and

(C)

positions and routes all major distributive systems of the ship, including electricity, water, and other utilities.

(2)

First ship.—

The term “first ship” applies to a ship if—

(A)

the ship is the first ship to be constructed under that shipbuilding program; or

(B)

the shipyard at which the ship is to be constructed has not previously started construction on a ship under that shipbuilding program.

(3)

Major shipbuilding program.—

The term “major shipbuilding program” means a program for the construction of combatant and support vessels required for the naval vessel force, as reported within the annual naval vessel construction plan required by section 231 of this title.

(4)

Production readiness review.—

The term “production readiness review” means a formal examination of a program prior to the start of construction to determine if the design is ready for production, production engineering problems have been resolved, and the producer has accomplished adequate planning for the production phase.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. National Defense Authorization Act for Fiscal Year 2022

    Pub. L. 117–81 div. A title X § 1013(a) · 135 Stat. 1541

    Enacted · 10 U.S.C. § 8669c

    Added Pub. L. 117–81, div. A, title X, § 1013(a), Dec. 27, 2021, 135 Stat. 1892

    Source evidence

    Code source credit
    Added Pub. L. 117–81, div. A, title X, § 1013(a), Dec. 27, 2021, 135 Stat. 1892

    Enacted provision · exact public law section
    (a) In General.— Chapter 863 of title 10, United States Code, is amended by inserting after section 8669b the following new section: “§ 8669c. Assessments required prior to start of construction on first ship of a shipbuilding program “(a) In General.— The Secretary of the Navy may not approve the start of construction of the first ship for any major shipbuilding program until a period of 30 days has elapsed following the date on which the Secretary— “(1) submits a report to the congressional defense committees on the results of any production readiness review; “(2) certifies to the congressional defense committees that the findings of any such review support commencement of construction; and “(3) certifies to the congressional defense committees that the basic and functional design of the vessel is complete. “(b) Report.— The report required by subsection (a)(1) shall include, at a minimum, an assessment of each of the following: “(1) The maturity of the ship’s design, as measured by stability of the ship contract specifications and the degree of completion of detail design and production design drawings. “(2) The maturity of developmental command and control systems, weapon and sensor systems, and hull, mechanical and electrical systems. “(3) The readiness of the shipyard facilities and workforce to begin construction. “(4) The Navy’s estimated cost at completion and the adequacy of the budget to support the estimate. “(5) The Navy’s estimated delivery date and description of any variance to the contract delivery date. “(6) The extent to which adequate processes and metrics are in place to measure and manage program risks. “(c) Definitions.— For the purposes of subsection (a): “(1) Basic and functional design.— The term ‘basic and functional design’, when used with respect to a vessel, means design through computer aided models, that— “(A) fixes the major hull structure of the vessel; “(B) sets the hydrodynamics of the vessel; and “(C) routes major portions of all distributive systems of the vessel, including electricity, water, and other utilities. “(2) First ship.— The term ‘first ship’ applies to a ship if— “(A) the ship is the first ship to be constructed under that shipbuilding program; or “(B) the shipyard at which the ship is to be constructed has not previously started construction on a ship under that shipbuilding program. “(3) Major shipbuilding program.— The term ‘major shipbuilding program’ means a program for the construction of combatant and support vessels required for the naval vessel force, as reported within the annual naval vessel construction plan required by section 231 of this title. “(4) Production readiness review.— The term ‘production readiness review’ means a formal examination of a program prior to the start of construction to determine if the design is ready for production, production engineering problems have been resolved, and the producer has accomplished adequate planning for the production phase. “(5) Start of construction.— The term ‘start of construction’ means the beginning of fabrication of the hull and superstructure of the ship.” .

  2. Pub. L. 118–159 § 1024(1)(A) · 138 Stat. 2053

    Substituted · 10 U.S.C. § 8669c(a)

    Pub. L. 118–159, § 1024(1)(A), substituted “15 days” for “30 days” in introductory provisions

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 118–159, § 1024(1)(A), substituted “15 days” for “30 days” in introductory provisions.

  3. Pub. L. 118–159 § 1024(1)(B) · 138 Stat. 2053

    Substituted · 10 U.S.C. § 8669c(a)(2)

    Pub. L. 118–159, § 1024(1)(B), substituted “the start” for “commencement”

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 118–159, § 1024(1)(B), substituted “the start” for “commencement”.

  4. Pub. L. 118–159 § 1024(1)(C) · 138 Stat. 2053

    1. Inserted · 10 U.S.C. § 8669c(a)(3)

      Pub. L. 118–159, § 1024(1)(C), inserted “at least 95 percent of all” before “the basic”

    2. Substituted · 10 U.S.C. § 8669c(a)(3)

      Pub. L. 118–159, § 1024(1)(C), substituted “drawing packages for the ship have reached final approval” for “of the vessel is complete”

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 118–159, § 1024(1)(C), inserted “at least 95 percent of all” before “the basic” and substituted “drawing packages for the ship have reached final approval” for “of the vessel is complete”.

  5. Pub. L. 118–159 § 1024(2)(A) · 138 Stat. 2053

    Struck · 10 U.S.C. § 8669c(b)

    Pub. L. 118–159, § 1024(2)(A), struck out “, at a minimum, an assessment of” after “include” in introductory provisions

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 118–159, § 1024(2)(A), struck out “, at a minimum, an assessment of” after “include” in introductory provisions.

  6. Pub. L. 118–159 § 1024(2)(B) · 138 Stat. 2053

    1. Added · 10 U.S.C. § 8669c(b)(1)(8)

      Pub. L. 118–159, § 1024(2)(B), added pars. (1) to (8)

    2. Struck · 10 U.S.C. § 8669c(b)(1)(8)

      Pub. L. 118–159, § 1024(2)(B), struck out former pars. (1) to (6) which read as follows:

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(1) to (8). Pub. L. 118–159, § 1024(2)(B), added pars. (1) to (8) and struck out former pars. (1) to (6) which read as follows:

    “(1) The maturity of the ship’s design, as measured by stability of the ship contract specifications and the degree of completion of detail design and production design drawings. “(2) The maturity of developmental command and control systems, weapon and sensor systems, and hull, mechanical and electrical systems. “(3) The readiness of the shipyard facilities and workforce to begin construction. “(4) The Navy’s estimated cost at completion and the adequacy of the budget to support the estimate. “(5) The Navy’s estimated delivery date and description of any variance to the contract delivery date. “(6) The extent to which adequate processes and metrics are in place to measure and manage program risks.”

  7. Pub. L. 118–159 § 1024(3)(A)(i) · 138 Stat. 2053

    Inserted · 10 U.S.C. § 8669c(c)(1)

    Pub. L. 118–159, § 1024(3)(A)(i), inserted “, and when used with respect to manned surface and undersea combatants, means design through the completion of three-dimensional computer aided modeling” after “computer aided models” in introductory provisions

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 118–159, § 1024(3)(A)(i), inserted “, and when used with respect to manned surface and undersea combatants, means design through the completion of three-dimensional computer aided modeling” after “computer aided models” in introductory provisions.

  8. Pub. L. 118–159 § 1024(3)(A)(ii) · 138 Stat. 2053

    Substituted · 10 U.S.C. § 8669c(c)(1)(A)

    Pub. L. 118–159, § 1024(3)(A)(ii), substituted “supports” for “fixes”

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c)(1)(A). Pub. L. 118–159, § 1024(3)(A)(ii), substituted “supports” for “fixes”.

  9. Pub. L. 118–159 § 1024(3)(A)(iii) · 138 Stat. 2053

    Substituted · 10 U.S.C. § 8669c(c)(1)(C)

    Pub. L. 118–159, § 1024(3)(A)(iii), substituted “positions and routes all major distributive systems of the ship” for “routes major portions of all distributive systems of the vessel”

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c)(1)(C). Pub. L. 118–159, § 1024(3)(A)(iii), substituted “positions and routes all major distributive systems of the ship” for “routes major portions of all distributive systems of the vessel”.

  10. Pub. L. 118–159 § 1024(3)(B) · 138 Stat. 2053

    Struck · 10 U.S.C. § 8669c(c)(5)

    Pub. L. 118–159, § 1024(3)(B), struck out par. (5) which defined “start of construction”

    Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c)(5). Pub. L. 118–159, § 1024(3)(B), struck out par. (5) which defined “start of construction”.

1 of 12 references resolved to an enrolled provision · 11 unresolved

Editorial Notes

Amendments

2024—Subsec. (a). Pub. L. 118–159, § 1024(1)(A), substituted “15 days” for “30 days” in introductory provisions.

Subsec. (a)(2). Pub. L. 118–159, § 1024(1)(B), substituted “the start” for “commencement”.

Subsec. (a)(3). Pub. L. 118–159, § 1024(1)(C), inserted “at least 95 percent of all” before “the basic” and substituted “drawing packages for the ship have reached final approval” for “of the vessel is complete”.

Subsec. (b). Pub. L. 118–159, § 1024(2)(A), struck out “, at a minimum, an assessment of” after “include” in introductory provisions.

Subsec. (b)(1) to (8). Pub. L. 118–159, § 1024(2)(B), added pars. (1) to (8) and struck out former pars. (1) to (6) which read as follows:

“(1) The maturity of the ship’s design, as measured by stability of the ship contract specifications and the degree of completion of detail design and production design drawings.

“(2) The maturity of developmental command and control systems, weapon and sensor systems, and hull, mechanical and electrical systems.

“(3) The readiness of the shipyard facilities and workforce to begin construction.

“(4) The Navy’s estimated cost at completion and the adequacy of the budget to support the estimate.

“(5) The Navy’s estimated delivery date and description of any variance to the contract delivery date.

“(6) The extent to which adequate processes and metrics are in place to measure and manage program risks.”

Subsec. (c)(1). Pub. L. 118–159, § 1024(3)(A)(i), inserted “, and when used with respect to manned surface and undersea combatants, means design through the completion of three-dimensional computer aided modeling” after “computer aided models” in introductory provisions.

Subsec. (c)(1)(A). Pub. L. 118–159, § 1024(3)(A)(ii), substituted “supports” for “fixes”.

Subsec. (c)(1)(C). Pub. L. 118–159, § 1024(3)(A)(iii), substituted “positions and routes all major distributive systems of the ship” for “routes major portions of all distributive systems of the vessel”.

Subsec. (c)(5). Pub. L. 118–159, § 1024(3)(B), struck out par. (5) which defined “start of construction”.

Statutory Notes and Related Subsidiaries

Metrics for Basic and Functional Design for Ship Construction

Pub. L. 119–60, div. A, title X, § 1016, , 139 Stat. 1031, provided that:

“(a)

In General.—

Not later than 180 days after the date of the enactment of this Act [], the Secretary of the Navy shall select a metric to measure the progression of basic and functional design with respect to the construction of ships.

“(b)

Report.—

Not later than 45 days after the selection of a metric under subsection (a), the Secretary of the Navy shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on such metric that includes the justification for the selection of the metric.

“(c)

Basic and Functional Design.—

In this section, the term ‘basic and functional design’ has the meaning given such term in section 8669c(1) [sic; probably means 8669c(c)(1)] of title 10, United States Code.”

Credits

2021–2024 · 2 acts
  1. 2021Added Pub. L. 117–81, div. A, title X, § 1013(a), , 135 Stat. 1892
  2. 2024amended Pub. L. 118–159, div. A, title X, § 1024, , 138 Stat. 2053.
Show as published

(Added Pub. L. 117–81, div. A, title X, § 1013(a), , 135 Stat. 1892; amended Pub. L. 118–159, div. A, title X, § 1024, , 138 Stat. 2053.)

Parsed from the official OLRC USLM XML in data/usc_all/usc10.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t10/s8669c